Improving victims' experiences of the justice system: consultation analysis

Impact Assessments

Little feedback was given in response to Impact Assessment questions.

Human Rights

Respondents generally felt that the proposals contained in the consultation would have a positive impact on human rights, especially those of women, children and young people. The main proposal which may negatively impact on human rights was the use of single judge trials if this meant that too much discretion was afforded to one presiding individual.

A few comments were also made (both in response to this question and elsewhere in the consultation) that some of the proposals may negatively impact on the human rights of the accused, unless an understanding of their needs (especially in relation to trauma) was not also considered going forwards.

Equalities and Protected Characteristics

Very few comments were made in relation to equalities and protected characteristics which had not already been raised elsewhere, however, it was suggested that specific care and focus would be needed if taking forward the proposals of the inequalities experienced by victims/complainers/survivors of colour, those with disabilities and those in the LGBTQI+ community.

Consistent with comments made throughout the consultation was the need to make sure that any ongoing engagement with people with lived experience included individuals from a diverse range of personal backgrounds. This included any regular ongoing contact that the Victims' Commissioner may undertake. In addition, it was stressed that all future engagement needed to be accessible, especially for those facing communication barriers.

Further consideration of how various changes would impact on those living with complex mental health challenges or learning disabilities was also encouraged, as such individuals were seen to be more at risk of being treated unfairly and being more at risk of trauma.

In relation to specific proposals, a comment was made that use of virtual trials could be particularly beneficial for those with protected characteristics who were potentially most at risk of the negative impacts of appearing in court.

Again, there was slight concern around diversity in the use of single judge trials. A more general observation was made that there was also scope (and the need for) greater representation in all roles in the justice system and a suggestion that greater diversity across those employed in the system would give greater confidence to victims who interact with it.

Several respondents commented that the proposals would uphold the Public Sector Equality Duty (PSED) that requires public bodies to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out their activities and therefore have a positive impact on the human rights of those who have experienced rape, sexual assault, and domestic abuse.

United Nations Convention on the Rights of the Child (UNCRC)

While the proposals were seen (among victim and witness support organisations) as potentially having a positive impact on the human rights of children and young people experiencing rape and sexual assault, and domestic abuse, some other organisations (including advocacy/support organisations working with children and young people) felt that greater consideration could have been given throughout the consultation to impacts of the proposals on children and young people. A specific comment was made that more consideration needed to be given to child victims and children who have harmed people.

Socio-economic equality

Again, there was little feedback received in relation to socio-economic impacts, except to note the barriers to justice which can exist due to poverty, including issues accessing legal aid, finding and paying for childcare and travel (for attendance at court) and homelessness. Women were seen as being more likely to face such barriers and so were more likely to be negatively impacted. It was felt that greater use of virtual trials and remote giving of evidence may assist with these concerns.

Comments were also made that the costs of independent legal representation for complainers in criminal proceedings was high and that complainers should not be expected to bear the costs of this.

Some victim and witness support organisations (here and elsewhere in the consultation) also noted that women's poverty and social exclusion as a consequence of domestic abuse was well documented, but hoped that some of the proposals may go some way to address this.

One individual noted that there could be inherent bias in the justice system more generally, with those of higher economic status presiding over cases of those with lower economic status.

Communities on the Scottish islands

Respondents generally agreed that victims living in more remote communities, such as the Scottish islands, faced particular challenges with regard to accessing justice and there was agreement that support was needed for victims who live remotely. In particular, it was felt that assistance with costs of travel or reducing the need to travel for appearances at court through more frequent and consistent use of technological solutions would be helpful.

A specific concern was raised that people living in island communities may not benefit from anonymity clauses in the same way as people from more populous areas, as such close-knit communities tend to be aware of what is happening within them. Overall, however, it was observed that many of the proposals would have a positive impact on accessibility and access to support.

Privacy and Data Protection

Comments in this respect generally focused on the need for clear responsibility within each agency in the criminal justice system to inform and involve victims, witnesses, accused and families of the accused at each stage of a case with better sharing of information (with permission) between agencies to prevent retraumatisation from people continually having to repeat their stories.

Consent (from both complainers and accused) to share information was seen as key, as well as making sure that all parties involved in cases were aware of their rights under Data Protection and Human Rights legislation.

Businesses and the third sector

The main perceived impact for businesses and the third sector was a potential increase in demand for support and advocacy services as a result of some of the proposals being put forward, which may impact on existing services and require additional funding/resourcing as a result. Smaller organisations working with victims and witnesses (especially in rural and remote areas) may be particularly affected.

It was felt that the appointment of a Victims' Commissioner may also impact on the workloads of those already in the victim/witness support sector (in terms of engagement) and would also need to be resourced. Similarly, it was suggested (mainly by victim and witness support organisations) that clear structures and processes would need to be put in place to ensure that the Commissioner engages properly with third sector organisations working within the justice system.

Elsewhere in the consultation (and already covered above), comments were made about impacts of the proposals on court business scheduling and the speed with which cases could progress through court, and the need for more legal aid funding to support victims per se.

Environmental impacts

Very few respondents answered this question. The main view, however, was that digital trial provision would have a positive impact on the environment, creating an opportunity to reduce travel associated with court attendance, thus reducing carbon footprints.

Other comments

One law enforcement organisation commented that a detailed financial impact assessment would also be required in order to properly inform the implications of what the consultation aimed to deliver.